Loading...
HomeMy WebLinkAbout12685 ORD - 07/09/1975RWC_YMR- C- -5 -75; AN ORDINANCE PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORT ARANSAS OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, A MAP OF THE SANE, MARKED EXHIBIT "A ", BEING ATTACHED HERETO, WITHIN THE OVERLAPPING EXTRATERRITORIAL JURIS- DICTION OF THE CITY OF CORPUS CHRISTI AND THE CITY OF PORT ARANSAS, AS DEFINED BY ART. 970A, V.A.C.S., TEXAS, BY MUTUAL WRITTEN AGREEMENT, MARKED EXHIBIT "A ", ATTACHED HERETO AND MADE A PART HEREOF, PURSUANT TO ART. 970A, V.A.C.S., TEXAS, SECTIONS B AND C; PROVIDING PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. WHEREAS, THE CITY OF CORPUS CHRISTI IS A CITY HAVING A POPULATION OF ONE HUNDRED THOUSAND OR MORE INHABITANTS; AND i WHEREAS, THE PRESENT EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI CONSISTS OF ALL CONTIGUOUS UNINCORPORATED AREA, NOT A PART OF ANY OTHER CITY, WITHIN FIVE MILES OF THE CORPORATE LIMITS OF SAID CITY; AND WHEREAS, THE HEREINAFTER DESCRIBED CERTAIN TRACT OF LAND, A MAP OF THE SAME MARKED EXHIBIT "A" BEING ATTACHED HERETO, IS FOUND TO BE WITHIN THE EXTRATERRITORIAL JURISDICTION OF SAID CITY; AND r1 WHEREAS, THE CITY OF PORT ARANSAS IS (DESIROUS OF ANNEXING APPROXI- MATELY 6Ot ACRES OF LAND AND EXTENDING ITS EXTRATERRITORIAL JURISDICTION ONE -HALF MILE FROM SAID AREA TO BE ANNEXED, A PORTION OF SUCH ANNEXED AREA AND THE AREA WITHIN THE ONE -HALF MILE EXTRATERRITORIAL JURISDICTION BEING k PRESENTLY WITHIN THE SAID FIVE -MILE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, IT IS THE DESIRE OF THE CITY OF CORPUS CHRISTI TO REDUCE tHE BOUNDARIES OF ITS EXTRATERRITORIAL JURISDICTION SO THAT SAID PROPOSED ANNEXATION BY THE CITY OF PORT ARANSAS MAY BE ACCOMPLISHED, THERE BEING NO OTHER CITIES HAVING JURISDICTION OR LEGAL INTEREST THEREIN, FOR THE PURPOSE OF ESTABLISHING THE EXCLUSIVE ANNEXATION RIGHTS AND POLICE POWERS OF THE CITY OF PORT ARANSAS OVER AND IN THE SAID CERTAIN TRACT OF LAND. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 12685 m SECTION 1. THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO ENTER INTO, SUBSCRIBE, AND EXECUTE THE "CITY OF PORT ARANSAS -CITY OF CORPUS CHRISTI ART. 970A CESSION AGREEMENT", MARKED EXHIBIT "B'', ATTACHED HERETO, AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF FOR ALL PURPOSES, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO BE WHOLLY BINDING ACCORDING TO THE TERMS THEREOF UPON THE CITY OF CORPUS CHRISTI AND THE CITY OF PORT ARANSASj ALL AS AUTHOR- IZED BY ART. 970A, V.A.C.S., TEXAS AND PURSUANT TO SECTIONS B AND C THEREOF, AND APPROVED, SEALED AND ATTESTED BY THE CITY'S OFFICERS AS REQUIRED BY LAW. SAID CESSION AGREEMENT SHALL IN NO WAY BE INTENDED TO INCLUDE ANY WATER AREA OR UNDERLYING LANDS WITHIN THE BOUNDARIES OF CORPUS CHRISTI BAY AND THE GULF OF MEXICO. SECTION 2. THIS ORDINANCE SHALL BE PUBLISHED BY CAPTION ONCE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF CORPUS CHRISTI. SECTION 3. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH SHALL BE AND 1A1RE HEREBY REPEALED TO THE EXTENT OF CONFLICT HEREWITH. 4 SECTION . IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 5. THE NECESSITY TO IMMEDIATELY ENTER INTO THE AFORESAID AGREEMENT CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIR- ING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN N FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION, IT IS (ice July ACCORDINGLY SO ORDAINED, THIS THE DAY OF JkWE, 1975, ATTEST: CIfY SECRETARY AY R THE CITY OF C RPUS CHRISTI, TEXAS P VED: DAY OF JUNE, 1975 12�d� criN(^ CITY ATTORNEY RWC :VMR:6 -5 -75; THE STATE OF TEXAS j COUNTY OF NUECES 4 CITY OF PORT ARANSAS - CITY OF CORPUS CHRISTI ART. 970A CESSION AGREEMENT BE IT REMEMBERED BY ALL MEN: WHEREAS, THE CITY OF PORT ARANSAS IS A CITY HAVING A POPULATION OF LESS THAN FIVE THOUSAND INHABITANTS AND THE PRESENT EXTRATERRITORIAL JURISDICTION OF THE CITY OF PORT ARANSAS CONSISTS OF ALL CONTIGUOUS UNINCORPO- RATED AREA, NOT A PART OF ANY OTHER CITY OR OF ITS EXTRATERRITORIAL JURIS- DICTION AND WITHIN ONE -HALF MILE OF THE CORPORATE LIMITS OF SAID C[TY; AND WHEREAS, THE HEREINAFTER DESCRIBED CERTAIN TRACT OF LAND, CONTAINING 601 ACRES AS SHOWN ON EXHIBIT "A ", BEING ATTACHED HERETO, CONTAINS LAND AND UNDERLYING LANDS OF CORPUS CHRISTI BAY WHICH ARE FOUND TO LIE OUT- SIDE THE EXTRATERRITORIAL JURISDICTION OF SAID CITY BUT WITHIN THE EXTRA- TERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, THE CITY OF CORPUS CHRISTI IS A CITY HAVING A POPULATION OF ONE HUNDRED THOUSAND OR MORE INHABITANTS AND THE PRESENT EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI CONSISTS OF ALL CONTIGUOUS UNIN- CORPORATED AREA, NOT A PART OF ANY OTHER CITY OR ITS EXTRATERRITORIAL JURIS- DICTION, AND WITHIN FIVE (5) MILES OF THE CORPORATE LIMITS OF SAID CITY; AND [,, WHEREAS, THE HEREINAFTER DESCRIBED CERTAIN TRACT OF LAND, CONTAINING 6Ot ACRES, AS SHOWN ON EXHIBIT "A ", AND BEING THE SAME LAND HEREINSEFORE REFERRED TO, IS FOUND TO CONTAIN WATER AREAS AND UNDERLYING LANDS WHICH LIE WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, CONSTITUTING AN OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE CITY OF PORT ARANSAS AND THE CITY OF CORPUS CHRISTI, AS DEFINED BY ARTICLE 970A, V.A.C.S., TEXAS; AND WHEREAS, THE CITY OF PORT ARANSAS DESIRES TO ANNEX SAID 6Oi ACRES OF LAND AND EXTEND ITS EXTRATERRITORIAL JURISDICTION ONE -HALF (1 /2) MILE FROM SAID AREA TO BE ANNEXED; AND WHICH AREA WITHIN THE PROPOSED ONE -HALF MILE EXTENSION OF EXTRATERRITORIAL JURISDICTION IS ALSO PRESENTLY WITHIN THE FIVE -MILE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, IT IS THE DESIRE OF THE CITY OF CORPUS CHRISTI TO REDUCE THE BOUNDARIES OF ITS EXTRATERRITORIAL JURISDICTION SO THAT SAID PROPOSED ANNEXATION BY THE CITY OF PORT ARANSAS MAY BE ACCOMPLISHED, THERE BEING NO OTHER CITIES HAVING JURISDICTION OR LEGAL INTEREST THEREIN, FOR THE PURPOSE OF ESTABLISHING THE EXCLUSIVE ANNEXATION RIGHTS AND POLICE POWERS OF THE CITY OF PORT ARANSAS OVER AND IN THE SAID CERTAIN TRACT OF LAND: NOW, THEREFORE, BE IT REMEMBERED: THE CITY OF PORT ARANSAS, A MUNICIPAL CORPORATION AND BODY POLITIC INCORPORATED UNDER THE LAWS OF THE STATE OF TEXAS, IN THE COUNTY OF NUECES, TEXAS, SOMETIMES HEREINAFTER CALLED "PORT ARANSAS", BY AND THROUGH ITS MAYOR, AS HERETOFORE DULY AUTHORIZED AND DIRECTED BY ORDINANCE ND. OF THE CITY OF PORT ARANSAS, DOES HEREBY ENTER INTO, SUBSCRIBED, AND EXECUTE THE AGREEMENT HEREIN, AS AUTHORIZED BY SAID ORDINANCE AND ART. 970A, V.A.C.S., TEXAS, PURSUANT TO SECTIONS B AND C THEREOF, WITH THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION AND BODY POLITIC INCORPORATED UNDER THE LAWS OF THE STATE OF TEXAS, IN THE COUNTY OF NUECES, TEXAS, SOMETIMES HEREINAFTER CALLED "CORPUS CHRISTI ", BY AND THROUGH ITS CITY MANAGER, AS HERETOFORE DULY AUTHORIZED AND DIRECTED BY ORDINANCE NO. , OF THE CITY OF CORPUS CHRISTI, AS AUTHORIZED BY SAID ORDINANCE AND ART. 970A, V.A.C.S., TEXAS, PURSUANT TO SECTIONS B AND C THEREOF, AS FOLLOWS: I EFFECTIVE AS OF THE DATE OF COMPLETION OF THE SUBSCRIBING, APPROVING, AND ATTESTING HERETO, AS SHOWN HEREIN, AND FOR AND IN CONSIDERATION OF PAYMENT OF THE SUM OF TEN AND N0/100 DOLLARS ($10.00), THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE CITY OF CORPUS CHRISTI HEREBY APPORTIONS TO, RELINQUISHES, CEDES, AND CONVEYS TO THE CITY OF PORT ARANSAS SOLE AND EXCLUSIVE ANNEXATION RIGHTS, PRIVILEGES, POWERS, AND AUTHORITY AND ALL POLICE POWERS, UNDER ARTICLE 970A, V.A.C.S., TEXAS, AND OTHER APPLICABLE LAWS, OVER AND IN THOSE PORTIONS OF THE IMMEDIATELY HEREINAFTER DESCRIBED TRACT OF LAND WHICH CONSTITUTE AN OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE CITY OF PORT ARANSAS AND THE CITY OF CORPUS CHRISTI, AND THE LAND AREA WITHIN ONE -HALF (1/2) MILE THEREOF, EXCEPT ANY PORTION OF WATER AREA OR UNDERLYING LANDS WITHIN THE BOUNDARIES OF THE WATER AREA KNOWN AS CORPUS CHRISTI BAY AND THE GULF OF MEXICO.' CORPUS CHRISTI RE- SERVES UNTO ITSELF COMPLETE EXTRATERRITORIAL JURISDICTION OF ANY AND ALL PORTIONS OF 2 CORPUS CHRISTI BAY WHICH MAY LIE WITHIN ONE -HALF (1/2) MILE OF PORT ARANSAS AFTER ANY ANNEXATION PERMITTED HEREUNDER AND WITHIN FIVE (5) MILES OF CORPUS CHRISTI. Extension to corporate boundaries of the City of Port Aransas, Nueces County, Texas, a city situated on the waters of the Gulf of Mexico and adjacent waterways, about 20 miles N. 850 E. from the County Courthouse, and embracing portions of Mustang and Harbor Islands. Beginning at a point, south corner of present corporate boundary of Port Aransas, established in 1971, on the Gulf shore of Mustang Island, for east corner of this tract, whence a point, place of beginning for Survey No. 664, the original corporate boundary for Port Aransas, a tile pipe in the southwest boundary line of Survey 632, the east corner of Survey 1, Block 1 of the State of Texas subdivisional survey of public lands on Mustang Island, is reached by running N. 520 191 W., 230 feet, more or less, and N. 370 411 E. 9916 feet, - Thence, following the present southerly and westerly corporate boundary of Port Aransas, N. 520 191 W., - at 230 feet, south corner of Block 15 and east corner of Block 16 in said State of Texas subdivisional survey, and continuing, along the dividing line between Blocks (and former blocks) 15, 20, 49, 54, 90, and 95 to the north, and Blocks (and former blocks) 16, 19, 50, 53, 91 and 94, to the south, crossing State Tract 4, 4197 feet to a point, the common corner of former blocks 94 and 95, and of Blocks 122 and 123, for a corner of this tract, - Thence N. 370 41t E., along the dividing line between Block 122 and former block 95 (now a part of State Tract 4), 661 feet to a point, the common corner of former blocks 95 and 96, and of Blocks.121 and 1220 for a corner of this tract, - Thence N. 520 191 W., crossing portions of State Tracts 3 and 4, and along dividing line between Blocks (and former blocks) 121, 128, 155, 163, and 187, to the north, and Blocks (and former blocks) 122, 127, 156, 162 and 188 to the south, 3306 feet to a point, the common corner of former blocks 187, 188, 195 and 196, for a corner of this tract, - Thence N. 370 41, E., crossing a portion of State Tract 3, and along dividing line between former blocks 196, 197, 198 and 199, to the west, and former blocks 187, 186,'185 and 184, to the east, 2644,feet*to a point, formerly the common corner of Blocks 183, 184, 199 and.200, for a corner of this tract, - Thence N. 520 191 W., crossing a portion of State Tracts 3 and 2 and along former dividing line between Blocks 200, 212, 229 and 239, to the north, and Blocks 199, 213, 228 and 240 to the south, 2644 feet to a point,'formerly the common corner of Blocks 239, 240, 255 and.256, for a corner of this tract, - Thence S. 370 411 W., crossing a portion of State Tract 2, and along former dividing line between Blocks 255, 254 and 253, to the west, and Blocks 240, 241 and 242, to the east, 1983 feet to a point, the common corner for former Blocks 242, 243, 252 and 253, for a corner of.this tract, - Thence S. 520 191 E,, crossing a portion of State Tract 2, and along the dividing line between former Block 242, to the north, and Block 243, to the south, 661 feet to a point, formerly the common corner of Blocks 225, 226, 242 and 243, for a corner of this tract, - J Thence S. 370 411 W., crossing a portion of State Tract 2, and along former dividing line between Blocks 243, 244 and 245, to the west, and Blocks 225, 224 and 223, to the east, 1983 feet to a point, the former common corner of Blocks 222, 223, 245 and 246, for a corner of this tract, - Thence S. 520 191 E., crossing a portion of,State Tract 2, and along the dividing line of Block 223, to the north, and Block 222, to the south, 661 feet to a point, in the. dividing line between State Tract 2'and State -Tract 3, the former common corner of Blocks 218, 219, 222 and 223, for a corner of this tract, - Thence S. 370 411 W., along dividing line between State Tracts 2 and 3, with the former dividing line between Block 219, to the east, and 222, to the west, 661 feet to a point, the former common corner of said Blocks 219, 2209 221 and 222, for a corner of this tract,• - Thence S. 520 191 E., crossing a portion of said State Tract 3, along former dividing line between Blocks 219, to the north, and 220, to the south,, 661 feet to a point, the former common corner of said Blocks 192, 193, 219 and 220, for a corner of this tract, - Thence S. 370 .411 W., along the former dividing line between Blocks 220 to the west, and 192 to the east, 360 feet to a point, in the southwest boundary line of said State of Texas subdivisional survey, the south common corner for Blocks 192 and 220, for a corner of this tract, - Thence S. 550 211 2011 E., along the southwest boundary of State Subdivided Lands and of former Blocks 192, 191, 159, 158, 125, 124, 93, 92, 52 and a portion of Block 51, to the north, 6292 feet to a point, a concrete monument with bronze plate "HORCo NC 380At1 set by Humble Oil & Refining Co., for the north corner of a 380 -acre tract once known as the "Humble Fee ", for a corner of this tract, - Thence S. 360 081 50t1 W., crossing said boundary of State Subdivided Lands and along northwest boundary of said former Humble Oil Company 380 -acre tract, 1318 feet to a point for a corner of this tract, - Thence S. 520 191 E., crossing said 380 -acre tract, 193+ feet, more or less, to a point on shore of said Gulf, for the south corner of this tract, - Thence N. 370 411 E., along said Gulf shore, 2640 feet more or less, to- the place of beginning, - Containing an area of 601 acres of land, more or less. ALL SUCH RIGHTS, PRIVILEGES, POWERS; AUTHORITY AND ALL POLICE POWERS UNDER ART. 970A, V.A.C.S., TEXAS, AND OTHER APPLICABLE LAWS, AS TO THE ABOVE DES- CRIBED LANDS, SHALL BE IN THE SOLE AND EXCLUSIVE JURISDICTION OF THE CITY OF PORT ARANSAS. ALL UNDERSTANDING, BARGAINS, AND AGREEMENTS OF THE PARTIES HERETO ARE MERGED IN THIS AGREEMENT INSTRUMENT AND ALL PRIOR UNDERSTANDINGS, BARGINS, 0 AND AGREEMENTS OF THE PARTIES HERETO, RELATIVE TO THE SUBJECT MATTER HEREOF, ARE SUPERSEDED BY THIS AGREEMENT. 111 A MAP OF THE HEREINBEFORE DESCRIBED TRACTS, MARKED EXHIBIT "A ", IS ANNEXED HERETO. IV IF ANY SECTION, PARAGRAPH, SENTENCE, CLAUSE, PHRASE, OR WORD OF THIS AGREEMENT SHALL, FOR ANY REASON, BE FINALLY ADJUDGED BY ANY COURT OF -COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL OR INVALID, SUCH FINAL JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE SECTION, PARAGRAPH, SENTENCE, CLAUSE, PHRASE, OR WORK THEREOF SO FOUND UNCONSTITUTIONAL OR INVALID. SUBSCRIBED, ATTESTED, APPROVED AND EXECUTED IN DUPLICATE ORIGINALS IN THE STATE OF TEXAS AND COMPLETED ON THIS DAY OF , 1975• ATTEST: THE CITY OF PORT ARANSAS CITY SECRETARY APPROVED: CITY ATTORNEY ATTEST: BILL G.'READ, CITY SECRETARY APPROVED: ACTING CITY ATTORNEY BY MAYOR THE CITY OF CORPUS CHRISTI > BY R. MARVIN TOWNSEND, CITY MANAGER 5 THAT THE FOREGOING ORDINANCE WAS READ FOR 0F=TIME AND PASSED TO ITS SECOND READING ON THIS THE DAY OF , 192S BY THE FOLLOWING VOTE: JASON Luev DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINAAN,CEJ WAS READ FO E ECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE DAY OF , 192% BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL' BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOI G ORDINANCE S R AD FOR E THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF , 197s, BY THE FOLLOWING VOTE-. JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, THIS THE ATTEST: COY SECRLTARY A OVED: DAY OF , 1911: u/ V iAAA - CITY ATTORNEY 9-zs:. /�-/ �V� YOR O -% THE CITY OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, �ss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ... ........................... . ... Rowena C. Velasquez ............................................... •- •••••••••••........, who being first duly sworn, according to law, says that he is the AC.00urit. . . ..�ll __- _ ....... of the Corpus Christi Caller and The Corpus Christi Times, ................ ....................... Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of i _Legals.. N @TICE OF PASSAGE OF ORDINANCE NO. 12685... City of C.C., Texas -:.. ......... 1 Cor us Christi Caller of which the annexed is a true copy, was published in ............... ....._. P---.................-..-..---.---... ........- . ------------------ __. on the---y -5S... day of ----------- -1111y- ------------ - - - - -- 19 -Z -, E9[EID7tG ...........................time tuft............................ xmasesu6c9M-------- ---------------------------------------------- ......1 ........ ..............Times. 15.00 $ .... .. . .................... Eo ale tiena �8'gL18�..-- ............- . -.ACi t7uting.. Subscribed and sworn to before me this .......1 l•..,- ....day of. .............. ....July .......... ..------ _ -_ -__ ig. - - - -?5 ..... Eugenia S. Cortez .............. ..... ...... ...... ..... - �_S:- .. - -... Not P c, Nueces County, Texas -,e'O lk rv",w t4 —1